§ 11-35. Sanitary requirements.

All mobile food vendors shall comply with the following sanitary requirements:

(1)

Food shall be in sound condition, free from spoilage, filth or other contamination and shall be safe for human consumption.

(2)

Food shall be obtained only from sources approved by the health officer and shall comply with all laws relating to food and food labeling.

(3)

At all times, including while being stored, prepared, displayed, served or transported, food shall be protected from potential contamination including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, flooding, drainage and overhead leakage or overhead drippage from condensation.

(4)

The surface of the mobile food vending unit shall be constructed of smooth, nonabsorbent, easily cleanable material. All parts of the mobile vending unit shall be kept clean and in good repair at all times.

(5)

The mobile food vending unit shall be equipped with a trash receptacle approved by the health officer. All solid and liquid waste shall be held, stored and disposed of in a receptacle designed for such disposition in a manner approved by the health officer.

(6)

Ice used as a storage medium for food shall be from approved sources and shall be continuously drained to a waste holding tank. Wrapped sandwiches shall not be stored in direct contact with ice.

(7)

The preparation or the serving of food products which are not prepackaged from a mobile unit is hereby prohibited. Nothing in this article shall be constructed as prohibiting the expeditious vending, delivering or dispensing to the public from an approved vehicle of food products which have been previously wrapped, bottled, canned or otherwise packaged in sanitary containers through approved factory processes or beverages that are not potentially hazardous and are dispensed from covered urns or other protected equipment. For the purposes of this section, the term "potentially hazardous" as applied to beverages shall mean any beverage which consists in whole or in part of milk or milk products, eggs or other ingredients including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. Approved factory processes shall mean processes that comply with all laws relating to food and food labeling set forth in Vernon's Ann. Civ. St. Article 4476-5. Approved vehicle shall mean vehicles approved by the health department. Those vehicles must be equipped with refrigeration capable of maintaining zero (0) degrees Fahrenheit or below for frozen foods and forty-one (41) degrees Fahrenheit or below for other foods requiring refrigeration. In addition, vending such prepackaged food products on the street not to include door-to-door delivery or solicitations of goods or products where the same is allowed or in response to an order from a resident is prohibited within the area of one (1) city block or three hundred (300) feet, whichever is the lesser, from the grounds of any public, private or parochial school within the city between the hours of 8:00 a.m. and 3:45 p.m., central standard time, on days when any such school is in session; and at any place within the city after 9:00 p.m., central standard time, from and after the effective date of the ordinance from which this article was derived. All food shall be prepackaged except for those listed below which shall be protected in the following manner:

a.

Nuts shall be dispensed with shell intact.

b.

Fresh fruit and vegetables shall be dispensed with the natural skin intact.

c.

Flavored crushed ice and beverages shall be kept in covered containers and served either in the original container or in sanitary single-serve cups. Milk beverages shall only be served in the original container.

d.

Fresh baked pastries shall be kept in containers with close-fitting lids and served on individual single-service products.

e.

Ice for human consumption shall be from approved sources and shall be kept in a covered container with no other items, such as food containers and utensils stored in or over the ice. The ice shall be continuously drained to a waste holding tank. A scoop must be provided and must be kept either in the ice with the handle readily accessible (not in contact with ice) or in a rack inside the ice container. Customers shall not be allowed to serve themselves ice.

(8)

When utensils and hand-washing facilities are provided the vehicle shall be equipped with:

a.

A tank to provide potable water;

b.

A water heating device to provide hot or tempered water;

c.

A liquid waste tank of fifteen (15) percent larger capacity than the water supply tank;

d.

At least one (1) compartment sink of at least ten (10) inches depth with hot and cold or tempered water supplied to it under pressure;

e.

Additional sinks as required for compliance with the Texas Department of Health "Food Establishment Rules" Sections 229.165 and 229.167; and

f.

Soap and paper towels for hand washing.

(9)

Except as otherwise provided in this section all packaged food shall bear a label containing the following information:

a.

The common and/or usual name of the food item;

b.

The name and address of the manufacturer or distributor;

c.

A listing of all ingredients contained in the food item, starting with the most predominant ingredient and following with other ingredients in descending order based on the amount contained in the food item; and

d.

The new weight of the food item, including any bread or bun in case of sandwiches. When all of the products dispensed from an individual mobile food vending unit are the same, such that all of the above four (4) items of information would be the same for every product sold, then individual labels on each package may be replaced by one (1) single prominently displayed sign giving the above information items.

(10)

When frozen dessert or flavored crushed ice machines are used, they shall be cleaned daily by flushing with a suitable cleanser, rinsed by flushing with clean water and sanitized by flushing with a sanitizing agent approved by the health officer.

The following regulations shall apply:

a.

Reserved;

b.

Reserved;

c.

The proposed site of the temporary business may not include or be located within any required parking spaces for a permanent business(es);

d.

No more than four (4) concession employees shall be on the premises at any given time;

e.

A temporary concession may not be located in the public right-of-way or state highway department right-of-way and any serving window shall maintain a minimum setback of five (5) feet from the street right-of-way;

f.

Except for food vendors, the site must be completely vacated by 9:00 p.m. each day. All tables, tents, chairs, vehicles, etc., and trash shall be removed from the site;

g.

All provisions of this Code and ordinances must be met;

h.

May not use structures that are manufactured for a use other than mobile vending. Examples of acceptable vehicles include, but are not limited to, vehicle equipped with serving windows, merchandise display equipment, kitchen preparation areas, and advertisement display section. Approved structures must adhere to the following:

1.

No cracked windows;

2.

No visible rust or disrepair;

3.

No offensive images or language may be on the temporary concession or signs;

4.

No emission of noxious gases, odors, and/or fumes;

i.

Shall not operate from a vehicle such as a passenger (pickup) truck, flatbed trailer, mobile home, automobile, or passenger van;

j.

The business shall not provide temporary dining and seating facilities; and

k.

Shall not be permitted to operate within three hundred (300) feet of other permitted concessions or vendors.

( Ord. No. 15-107 , 9-14-15, eff. 11-1-15)